Comma.AI faces federal investigation after two fatal crashes involving its open-source driver assistance software

The National Highway Traffic Safety Administration is investigating Comma.ai after at least two serious crashes, one fatal and one resulting in injury, involved vehicles equipped with the company’s open-source advanced driver assistance system. At least some of the crashes appear to have involved “forked” versions of Comma’s software, raising questions about who bears responsibility when open-source code gets behind the wheel.

The fatal crash occurred in Ascension Parish, Louisiana, involving a Toyota RAV4. A separate injury crash took place in Cameron, Missouri, involving a Honda Accord that was traveling at roughly 82 mph before impact. Both incidents fell under NHTSA’s Standing General Order, a reporting regime that requires companies offering Level 2 ADAS systems to disclose certain crashes to the federal agency.

Open source, open questions

Comma.ai sells aftermarket hardware that pairs with its openpilot software to add semi-autonomous driving features to a wide range of compatible vehicles. The company was founded by hacker George Hotz and has positioned its offerings primarily for research and developmental purposes, emphasizing the experimental nature of its software and that users must assume full responsibility.

Comma.ai has told regulators that the device involved in the fatal Louisiana crash was running third-party or forked software. The company says this limits its ability to conduct a thorough investigation into what went wrong. It has confirmed that it maintained and provided data requested by NHTSA.

A pattern of regulatory friction

This isn’t Comma.ai’s first brush with federal safety authorities. In 2016, the company canceled its Comma One product after NHTSA raised safety concerns. That episode forced a pivot toward the open-source model that defines the company today.

Comma.ai has complied with the Standing General Order reporting requirements but disputes whether the order fully applies to its situation, particularly when third-party software is involved.

A civil lawsuit was filed by Kevin McGinnis on January 23, 2026, connected to one of the incidents. That suit was later dismissed without prejudice in February 2026, meaning it could potentially be refiled.

The liability gap in open-source autonomy

Level 2 ADAS systems require the human driver to remain attentive and in control at all times. They handle tasks like lane centering and adaptive cruise control, but the legal and engineering expectation is that a person is always ready to take over.

Comma.ai’s situation adds another layer to the question of software accountability. When a Tesla running Autopilot crashes, there’s a clear chain of custody for the software. When a Comma device running a community fork crashes at 82 mph on a Missouri highway, that chain fractures.